Panel Rejects BMS Investor's Bid To 'Camouflage A Wolf'

By George Woolston

A New Jersey state appeals court said an investor's amended complaint over Bristol-Myers Squibb Co.'s $74 billion acquisition of Celgene Corp. was a wolf camouflaged in sheep's clothing, finding that the investor's claims of disclosure requirement shortfalls sounded more in fraud than negligence and failed to satisfy the heightened pleading standard required.

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NJ Justices Nix Extra COVID Pay For School Custodians

By MJ Koo

The New Jersey Supreme Court ruled Wednesday that a state law passed during the COVID-19 pandemic properly barred school custodians from claiming extra emergency pay under their collective bargaining agreement, finding that the law required employees to be treated as if schools had stayed open.

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NJ Utility's Suit Over $6.8M In Added Project Costs Tossed

By George Woolston

A New Jersey federal judge has tossed a municipal utilities authority's suit seeking a pause in arbitration over the cost of delays in an energy savings and capital improvement project, holding that the dispute falls within the scope of the parties' arbitration agreement.

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Chinese Fiberglass Co. Pays $5M Over PPP Loan Fraud Claim

By Sydney Price

A U.S.-based subsidiary of a Chinese fiberglass manufacturer has agreed to pay $5.1 million to resolve claims that it flouted eligibility requirements to receive a Paycheck Protection Program loan and loan forgiveness during the COVID-19 pandemic, ending a lawsuit brought under the whistleblower provision of the False Claims Act.

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Insurer Owes No More Defense In Day Spa Patron Assault Row

By Danielle Ferguson

A New Jersey federal court on Tuesday said an insurer does not owe more coverage to a day spa for a suit accusing an employee of sexually assaulting a patron, finding that the insurer's obligations were capped under an endorsement that limited coverage for claims tied to molestation.

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3rd Circ. Backs Arbitrators' Change To Investment Fee Award

By Caroline Simson

The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

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Deposit Contracts Do Heavy Lifting As Fraud Moves Upstream

As courts increasingly find that upstream parties are best positioned to detect red flags in fraud disputes, most recently in Yangtze v. Ohio Valley Trackwork, companies should tighten treasury and deposit agreement verification protocols, indemnity terms, and insurance coordination to reduce exposure, says Nadine Dorsht at Stinson.

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How Does In-House Pay Compare? Take The Law360 Survey

How do in-house salaries vary across industries, roles, and organizational revenue? What compensation tools are companies using to lure top talent? Help Law360 Pulse answer these questions and more in this year's In-House Compensation Survey.

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2 Law Firms Say IRS Wrongly Denied COVID-19 Tax Credits

By Adrian Cruz

A pair of law firms are alleging in Georgia federal court that the Internal Revenue Service wrongly denied their claims to employee retention credits, a tax incentive created during the height of the COVID-19 pandemic to encourage businesses to keep workers on their payrolls.

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NC House OKs Unpaid Suspensions For Judges Under Inquiry

By Hayley Fowler

Republicans in the North Carolina House of Representatives have given the green light to a legislative proposal empowering the chief justice of the state Supreme Court to suspend trial court judges without pay if they're under investigation by the state Judicial Standards Commission.

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Simpson Thacher Lands In Chicago With 5-Atty Kirkland Team

By James Boyle

A five-person team of Kirkland & Ellis LLP attorneys are moving their practices to Simpson Thacher & Bartlett LLP to help the firm launch an office in Chicago.

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BREAKING: No Simpson Thacher Malpractice In PIPE Case, Jury Finds

By Madison Arnold

Simpson Thacher & Bartlett LLP escaped a malpractice lawsuit late Thursday over its representation of Patriot National Inc. in a private investment in public equity transaction in the years before the company's downfall.

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Sidley Adds Ex-Accenture Enterprise Platforms Lead As CIO

By Matt Perez

Sidley Austin LLP on Wednesday announced the hiring of a nearly two-decade veteran at professional services firm Accenture as its chief information officer.

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New ABA Chief Seeks To 'Streamline' Org, Defend Democracy

By Emily Sawicki

The American Bar Association's new president, Barbara J. Howard, will focus on twin goals of defending democracy against expected unprecedented attacks associated with this year's midterm elections, while also reorganizing the association to run more efficiently, as she kicks off her one-year term this month.

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Richards Layton Under Fire Amid Bid To Avoid AI Sanctions

By Rose Krebs

A firm has asked a Delaware vice chancellor to allow it to submit more "factual information" regarding what it says are inconsistencies in Richards Layton & Finger PA's attempt to avoid sanctions for submitting a filing with errors generated by artificial intelligence.

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Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

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Analysis

The Dramatic Moments Set To Shape Tom Goldstein's Appeal

By Jeff Overley and Jared Foretek

Prurient revelations, brash recriminations and purportedly glaring judicial errors in Tom Goldstein's criminal case have captivated the appellate bar for nearly 19 months, and many of those moments will be center stage in the star attorney's imminent appeal.

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6th Circ. Slashes 'Egregious' Fee Award In Tax-Taking Suit

By Susan Smiley

Michigan attorneys representing plaintiffs in a tax foreclosure suit had their awarded attorney fees, which more than doubled the settlement they obtained in the case, slashed by a Sixth Circuit panel in a published opinion Thursday.

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